Question:

I did not sign a lease and am leaving before a year is up, can i be charged?

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I live in NY and I am renting an apartment and the landlord said there was a year lease and that he will bring it to me to sign and never did. We decided to try to have another child and buy a 3 bedroom house. We gave the landlord a 30 day notice verbal and in writing. It is the 11th month, we still did not sign the lease and will be moved out by the end of the month. Can the landlord legally charge me or keep my security deposit for not staying a year if we paid on time every month and did not destroy anything?

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  1. I believe that if you didn't sign a one year lease then you are considered a month-to-month tenet.  Thirty days written notice should be fine.  As far as the security deposit is concerned, he may still keep that for damages or cleaning charges, so take pictures of the way you left the apartment and do a walk through with the landlord when you leave, having him sign a document saying the apartment was left in good condition.


  2. yah

  3. If you did not sign a lease, legally he cannot charge you and legally he can keep your deposit, not because you left within a year but because you had no written documentation. Did you keep all of your rent receipts?  Maybe if you take him to court just maybe you can fight it....Good luck....Dont forget to take pictures of your place that could help if you end up going to court.

  4. No, as long as you gave a 30 day notice you should be fine. Since you did not sign the lease, you cannot be bound to any of those terms.  

  5. I would think not, if you never signed a lease. You never said you would be there any particular length of time? Let's face it though. He can always claim you did damage to his apartment and charge you for that. Maybe he's a nice guy. He surely knows he can rent that apartment in a hurry in NY. I would hope you check this out with your landlord soon.  

  6. If he didn't bring you a WRITTEN lease to sign and you have been PAYING monthly rent, then you owe him a 30 day written notice..send this to him certified mail, signature required so he can't deny getting it.

    You owe him through the 11th of the following month.

    The security deposit can be applied to damages only, however if you don't pay him through the 11th of the month, he can keep rent prorated for those 11 days.

    He cannot charge you for the full year b/c you didn't sign a written lease...these must be in writing if they are to be for a specific duration.

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